57014 Federal Register / Vol. 88, No. 161 / Tuesday, August 22, 2023 / Proposed Rules 

1The cover letter on the submitted revisions is 

dated May 12, 2022, but the submittal package was 

not submitted to EPA until June 22, 2022. 

2See accompanying Technical Support Document 

(TSD) available in the docket for this rulemaking. 

(2) You must use this service information

as applicable to do the actions required by 

this AD, unless the AD specifies otherwise. 

(i) Boeing Service Letter 787–SL–25–025,

dated September 6, 2022. 

(ii) [Reserved]

(3) For service information identified in

this AD, contact Boeing Commercial 

Airplanes, Attention: Contractual & Data 

Services (C&DS), 2600 Westminster Blvd., 

MC 110–SK57, Seal Beach, CA 90740–5600; 

telephone 562–797–1717; website 

myboeingfleet.com. 

(4) You may view this service information

at the FAA, Airworthiness Products Section, 

Operational Safety Branch, 2200 South 216th 

St., Des Moines, WA. For information on the 

availability of this material at the FAA, call 

206–231–3195. 

(5) You may view this service information

that is incorporated by reference at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, 

fr.inspection@nara.gov, or go to: 

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued on July 26, 2023. 

Victor Wicklund, 

Deputy Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2023–17776 Filed 8–21–23; 8:45 am] 

BILLING CODE 4910–13–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 

[EPA–R06–OAR–2022–0907; FRL–11174– 

01–R6] 

Air Plan Approval; Arkansas; 

Revisions to Rule 19 of the Arkansas 

Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: Pursuant to the Federal Clean 

Air Act (CAA or the Act), the 

Environmental Protection Agency (EPA) 

is proposing to approve portions of the 

revisions to the Arkansas State 

Implementation Plan (SIP) including 

revisions to the Arkansas Pollution 

Control and Ecology Commission’s 

(‘‘Commission’’ or APC&EC) Rule No. 

19, Rules of the Arkansas Plan of 

Implementation for Air Pollution 

Control submitted by the Arkansas 

Department of Energy and Environment, 

Division of Environmental Quality 

(DEQ) via the Arkansas Governor’s 

Office on June 22, 2022. Most of the 

revisions are administrative in nature 

and make the SIP current with Federal 

rules. 

DATES: Written comments must be 

received on or before September 21, 

2023. 

ADDRESSES: Submit your comments, 

identified by Docket No. EPA–R06– 

OAR–2022–0907, at https://

www.regulations.gov or via email to 

steib.clovis@epa.gov. Follow the online 

instructions for submitting comments. 

Once submitted, comments cannot be 

edited or removed from Regulations.gov. 

The EPA may publish any comment 

received to its public docket. Do not 

submit electronically any information 

you consider to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Multimedia 

submissions (audio, video, etc.) must be 

accompanied by a written comment. 

The written comment is considered the 

official comment and should include 

discussion of all points you wish to 

make. The EPA will generally not 

consider comments or comment 

contents located outside of the primary 

submission (i.e., on the web, cloud, or 

other file sharing system). For 

additional submission methods, please 

contact Clovis Steib, 214–665–7566, 

steib.clovis@epa.gov. For the full EPA 

public comment policy, information 

about CBI or multimedia submissions, 

and general guidance on making 

effective comments, please visit https:// 

www.epa.gov/dockets/commenting-epadockets. 

Docket: The index to the docket for 

this action is available electronically at 

www.regulations.gov. While all 

documents in the docket are listed in 

the index, some information may not be 

publicly available due to docket file size 

restrictions or content (e.g., CBI). 

FOR FURTHER INFORMATION CONTACT: 

Clovis Steib, EPA Region 6 Office, 

Infrastructure and Ozone Section, Air 

and Radiation Division, 214–665–7566, 

steib.clovis@epa.gov. We encourage the 

public to submit comments via https:// 

www.regulations.gov. Please call or 

email the contact listed above if you 

need alternative access to material 

indexed but not provided in the docket. 

SUPPLEMENTARY INFORMATION: 

Throughout this document wherever 

‘‘we,’’ ‘‘us,’’ or ‘‘our’’ is used, we mean 

the EPA. 

I. Background

The SIP is a set of air pollution

regulations, control strategies, and 

technical analyses developed by the 

state to implement, maintain, and 

enforce the National Ambient Air 

Quality Standards, or NAAQS, and to 

fulfill other requirements of the Clean 

Air Act. The NAAQS are established 

under section 109 of the Act, and they 

currently address six criteria pollutants: 

carbon monoxide, lead, nitrogen 

dioxide, ozone, particulate matter, and 

sulfur dioxide. The SIP is required by 

Section 110 of the Act and can be 

extensive, containing state regulations 

or other enforceable documents and 

supporting information such as 

emission inventories, monitoring 

networks, and modeling 

demonstrations. 

The Arkansas SIP is the air quality 

protection strategy implemented by the 

Department of Energy and 

Environment’s Division of 

Environmental Quality (DEQ) pursuant 

to the CAA. The SIP consists of laws 

and rules, nonregulatory and quasiregulatory measures, and other state 

enforceable requirements codified at 40 

CFR 52 subpart E. The Arkansas SIP is 

federally enforceable. The Arkansas SIP 

was first approved by the EPA in 1972 

(37 FR 10841). All revisions to the SIP 

require EPA approval. 

On June 22, 2022, Arkansas submitted 

to the EPA revisions to the Arkansas 

SIP.1 The submitted revisions address 

APC&EC Regulation 19, Rules of the 

Arkansas Plan of Implementation for 

Air Pollution Control, with 

corresponding chapters and appendices. 

The revisions restructure the regulations 

and organize them as rules, such that 

Regulation 19 becomes Rule 19, Rules of 

the Arkansas Plan of Implementation 

for Air Pollution Control, with 

corresponding chapters and appendices. 

The revisions also remove certain 

outdated provisions and update other 

provisions that are incorporated into 

Regulation 19. Specific provisions to be 

repealed are those in Chapter 10 of 

APC&EC Regulation 19 regarding the 

control of volatile organic compounds 

(VOC) from certain source categories in 

Pulaski County, provisions for the Clean 

Air Interstate Rule (CAIR) in Chapter 14, 

and informational provisions regarding 

sources eligible or subject to best 

available retrofit technology (BART) 

requirements for Regional Haze in 

Chapter 15. 

Additionally, the submitted revisions 

address regulatory provisions in 

Chapters 1, 2, 3, 4, 5, 6, 7, 9, 11, 13, 16, 

18, and Appendices A and B of 

Regulation 19.2 These changes reflect 

the current organizational structure of 

ADEQ, remove outdated information, 

and make non-substantive formatting 

edits. 


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3See ‘‘State Implementation Plans: Response to 

Petition for Rulemaking; Restatement and Update of 

EPA’s SSM Policy Applicable to SIPs; Findings of 

Substantial Inadequacy; and SIP Calls To Amend 

Provisions Applying to Excess Emissions During 

Periods of Startup, Shutdown and Malfunction,’’ 

(80 FR 33839, June 12, 2015). 

4Oxides of Nitrogen (NOX) and VOC are 

precursors to ozone formation. 5See 77 FR 14603 (March 12, 2012). 

6See ‘‘Appendix A: Technical Support 

Document, Changes to the Rules of the State 

Implementation Plan,’’ pages 5–6. Appendix A is 

part of the submitted revisions and is found in the 

docket for this proposed rulemaking. 

7See 84 FR 51033 (September 27, 2019). 

8 ‘‘Appendix A: Technical Support Document, 

Changes to the Rules of the State Implementation 

Plan,’’ pages 5–6. Appendix A is part of the 

submitted revision and is found in the docket for 

this proposed rulemaking. 

9 Ibid. 

The submitted revisions to Chapter 10 

also address an EPA-identified 

deficiency within the Arkansas SIP 

related to the 2015 Startup, Shutdown, 

and Malfunction (SSM) SIP Call for 

Regulation. 19.1004(H).3 The EPA plans 

to address this matter in a separate 

Federal Register action. 

II. The EPA’s Evaluation 

A. Regulation 19, Chapter 10—Control 

of VOCs in Pulaski County 

These rules address Pulaski County 

because in March 1978, the EPA 

designated Pulaski County, Arkansas, as 

a nonattainment area for ozone (43 FR 

8969, March 3, 1978). Pulaski County 

subsequently met the ozone NAAQS 

and in September 1984, the EPA 

approved the State’s request to 

redesignate Pulaski County to 

attainment (49 FR 37753, September 26, 

1984). Since redesignation, Pulaski 

County has maintained compliance with 

all the ozone NAAQS. In this action, we 

are proposing to approve revisions to 

Regulation 19.1001 and 19.1002 which 

are non-substantive. We are also 

proposing to approve the submitted 

revisions to 19.1003 through 19.1006. 

Although the submitted revisions to 

19.1003 through 19.1006 are substantive 

in nature, they are superseded by more 

stringent federal requirements. VOC 

emissions are not expected to increase 

because existing and new sources 

subject to Chapter 10 in Pulaski County 

are subject to the more stringent federal 

requirements for New Source 

Performance Standards (NSPS) and 

National Emission Standards for 

Hazardous Air Pollutants (NESHAP). 

The EPA’s analysis of the submitted 

revisions, and confirmation that VOC 

emissions will not increase, is included 

in the TSD for this action. As a result, 

consistent with CAA section 110(l), we 

do not expect these revisions to interfere 

with any applicable requirement 

concerning attainment and reasonable 

further progress or any other applicable 

requirement of the Act. 

B. Regulation 19, Chapter 14—CAIR 

Requirements 

Provisions for the CAIR NOX Ozone 

Season Trading Program were approved 

into the Arkansas SIP on September 26, 

2007 (72 FR 54556).4 On July 11, 2008, 

the U.S. Court of Appeals for the District 

of Columbia vacated and remanded the 

CAIR program to the EPA. The 

submitted revisions include the repeal 

of the Regulation 19, Chapter 14 CAIR 

provisions consistent with the court’s 

decision. This revision is approvable 

because there are no federal 

requirements for the Arkansas SIP or 

sources in Arkansas to continue 

complying with the CAIR NOX Ozone 

Season Trading Program or the 

provisions in Rule, Chapter 14. 

C. Regulation 19, Chapter 15—Best 

Available Retrofit Technology 

Arkansas Regulation 19, Chapter 15 

was approved by the EPA into the SIP 

on March 12, 2012,5 except for certain 

portions of Regulation 19.1504 and 

19.1505. The submitted revisions 

address Regulation 19.1501, 19.1502, 

19.1503, 19.1504, 19.1505, 19.1506, and 

19.1507. We are proposing to approve 

these revisions because they fall into 

one or more of the following categories: 

(1) the revisions are non-substantive 

and/or are formatting edits; (2) the 

revisions improve the readability of the 

provision; (3) the revisions repeal 

provisions that do not contain 

enforceable requirements and as a result 

are not required to be part of the SIP; or 

(4) the revisions repeal provisions that 

are not in the approved SIP. The 

revisions to Chapter 15 do not repeal or 

relax any existing control requirements 

in the SIP and therefore the EPA does 

not anticipate any emission increases 

associated with the revisions to Chapter 

15. Consistent with CAA section 110(l), 

we do not expect these revisions to 

interfere with any applicable 

requirement concerning attainment and 

reasonable further progress or any other 

applicable requirement of the Act. We 

provide our analysis of the submitted 

revisions to Chapter 15 in the 

paragraphs that follow. 

Regulation 19.1501 ‘‘Purpose’’ 

Regulation 19.1501 states the purpose 

of Regulation 19, Chapter 15, but does 

not contain enforceable requirements. 

The submitted revisions to Regulation 

19.1501 provide a more precise 

description of the purpose of Chapter 

15. Therefore, we are proposing to 

approve these submitted revisions to 

Regulation 19.1501. 

Regulation 19.1502 ‘‘Definitions’’ 

The submitted revisions to Regulation 

19.1502 are non-substantive formatting 

edits. We are proposing to approve the 

submitted revisions to Regulation 

19.1502. 

Regulation 19.1503 ‘‘BART Eligible 

Sources’’ 

Arkansas Regulation 19.1503 

identifies the BART-eligible sources 

within the State. The submitted revision 

to Regulation 19.1503 repeals the 

provision in its entirety and places the 

subsection in reserve. Arkansas 

explained in Appendix A of the 

submitted revisions that Regulation 

19.1503 consists of an informational 

table that does not contain enforceable 

requirements and is not necessary to 

identify the sources subject to the 

requirements of Chapter 15 that are in 

the SIP, as identified in Rule 19.1505.6

Furthermore, the informational table in 

Rule 19.1503 is also contained in the 

SIP submittal narrative for the Arkansas 

Regional Haze Planning Period 1, Phase 

II SIP revision, which the EPA 

previously approved.7 The repeal of 

Regulation 19.1503 does not change the 

State’s determination of BART-eligible 

sources in Arkansas. Thus, we are 

proposing to approve the submitted 

revision to Regulation 19.1503. 

Regulation 19.1504 ‘‘Facilities Subject 

to BART’’ 

Regulation 19.1504 consists of 

Regulation 19.1504(A), (B), and (C). The 

submitted revisions to Regulation 

19.1504 repeal and move provisions and 

place the subsection in reserve. The 

submitted revisions repeal Regulation 

19.1504(A) and move the provisions of 

Regulation 19.1504(B) and (C) to 

Regulation 19.1506 with edits to the 

language. 

Arkansas explained in Appendix A of 

the submitted revisions that Regulation 

19.1504(A) consists of an informational 

table that identifies the sources in 

Arkansas that are subject to BART but 

the table itself does not contain any 

enforceable requirements.8 Regulation 

19.1504(A) is not necessary to identify 

the sources subject to the requirements 

of Chapter 15 that are in the SIP, as 

those sources are identified in 

Regulation 19.1505.9 Furthermore, the 

informational table in Regulation 

19.1504(A) is also contained in the SIP 

submittal narrative for the Arkansas 

Regional Haze Planning Period 1, Phase 

II SIP revision, which the EPA approved 


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10See 84 FR 51033 (September 27, 2019). 

11Only a portion of Rule 19.1504(B) is in the 

approved SIP. This portion is the requirement for 

each source subject to BART to install and operate 

BART as expeditiously as practicable, but in no 

event later than 5 years after the EPA approval of 

that source’s BART determination. (See 77 FR 

14604, 14675, March 12, 2012). 

12 77 FR 14604, 14675. 

13 77 FR 14604, 14675. 

14The EPA finalized approval of the State’s 

withdrawal of the PM10 BART determination of 

0.07 lb/MMBtu for Ashdown Mill #1 Power Boiler, 

SN–03 and approved its replacement with the 

PM10 BART alternative limit in the Arkansas 

Regional Haze Phase III SIP submittal (See 86 FR 

15104, 15130, March 22, 2021). 

15The current BART requirements approved in 

the SIP for Domtar Ashdown Mill #1 Power Boiler, 

SN–03 are found in Permit #0287–AOP–R22. (See 

86 FR at 15131). 

16As discussed earlier, only a portion of 

Regulation 19.1504(B) is in the approved SIP. 

17See ‘‘Appendix A: Technical Support 

Document, Changes to the Rules of the State 

Implementation Plan,’’ page 6. Appendix A is part 

of the Arkansas SIP submittal dated May 12, 2022 

and is found in the docket for this proposed 

rulemaking. 

in a final rule.10 Thus, the repeal of 

Regulation 19.1504(A) does not change 

the State’s determination of subject-toBART sources in Arkansas. We are 

proposing to approve the revision to 

Regulation 19.1504(A). 

Regulation 19.1504(B) contains BART 

compliance date requirements. The 

submitted revisions to Regulation 

19.1504(B) move Regulation 19.1504(B) 

to Regulation 19.1506(A) with nonsubstantive revisions to the language 

and deletion of the portion not in the 

approved SIP.11 Regulation 19.1504(C) 

contains provisions requiring sources 

subject to BART to maintain the control 

equipment required by Chapter 15 and 

to establish procedures to ensure such 

equipment is properly operated and 

maintained. The submitted revisions to 

Regulation 19.1504(C) move these 

provisions to Regulation 19.1506(B) and 

(C) with non-substantive revisions to the 

language. Moving the provisions in Rule 

19.1504(B) and (C) to Rule 19.1506(A), 

(B) and (C) results in the consolidation 

of the compliance provisions for sources 

subject to the requirements of Chapter 

15. For these reasons, we are proposing 

to approve the revisions to Regulation 

19.1504(B) and (C). 

Regulation 19.1505 ‘‘Best Available 

Retrofit Technology Requirements’’ 

Arkansas Regulation 19.1505 consists 

of BART emission limits for subject-toBART sources in Arkansas that are 

subject to the requirements of Chapter 

15. The submitted revisions make a 

minor amendment to the title of 

Regulation 19.1505, remove all 

provisions that are not currently in the 

approved SIP,12 and restructure and 

make other non-substantive edits to the 

provisions in the approved SIP. Because 

of our prior disapproval,13 the following 

provisions were never approved into the 

Arkansas SIP and thus, the State’s 

removal of this language from its State 

rules is a non-substantive change: 

Regulation 19.1505(A)(1) and (A)(2); 

19.1505(B); 19.1505(C); 19.1505(D)(1) 

and (D)(2); 19.1505(E)(1), (E)(2), and 

(E)(3); 19.1505(F)(1) and (F)(2); 

19.1505(G)(1) and (G)(2); 19.1505(H); 

19.1505(I)(1) and (I)(2); 19.1505(J)(1) 

and (J)(2); 19.1505(K); 19.1505(L); 

19.1505(M)(1); and 19.1505(N)(1), 

(N)(2), and (N)(3). Because these 

submitted revisions delete previously 

disapproved language, we are proposing 

to remove our prior disapproval of the 

provisions of Regulation 19.1505 (77 FR 

14604). 

The submitted revisions also remove 

Regulation 19.1505(D)(3). This 

provision was approved by the EPA at 

77 FR 14604, and therefore, the repeal 

of Regulation 19.1505(D)(3) is a 

substantive change. In a final rule 

published on March 22, 2021, we 

approved BART alternative 

requirements under 40 CFR 51.308(e)(2) 

that replaced the provision under 

Regulation 19.1505(D)(3).14 Therefore, 

the repeal of Regulation 19.1503(D)(3) 

does not relax any existing requirements 

in the SIP. In fact, it is necessary for 

Arkansas to remove Regulation 

19.1505(D)(3) from its State rules and 

the SIP given that the BART 

requirements contained in Regulation 

19.1505(D)(3) have been replaced.15 For 

this reason, we are proposing to approve 

the submitted revision to repeal 

Regulation 19.1505(D)(3). 

The submitted revisions also 

restructure some of the remaining 

provisions under Regulation 19.1505, 

which results in greater clarity and 

concision of those provisions. 

Therefore, we are proposing to approve 

these revisions. 

Regulation 19.1506 ‘‘Compliance 

Provisions’’ 

Regulation 19.1506 consists of 

compliance provisions for sources 

subject to the requirements of Chapter 

15. The submitted revisions update and 

consolidate the compliance 

requirements that were previously in 

Regulation 19.1504(B) 16 and (C) with 

edits that are non-substantive. For these 

reasons, we are proposing to approve 

the submitted revisions to Regulation 

19.1506. 

Regulation 19.1507 ‘‘Permit 

Reopening’’ 

Regulation 19.1507 is a provision that 

makes subject-to-BART sources subject 

to reopening of their permit to 

incorporate the requirements of 

Regulation 19.1505. The submitted 

revision to Regulation 19.1507 repeals 

the provision in its entirety and places 

the subsection in reserve. Although the 

revision is substantive, it does not relax 

any existing requirements in the SIP. 

Arkansas explained in Appendix A of 

the submitted revisions that this 

provision is no longer relevant as the 

only requirements that remain in 

Regulation 19.1505 are based on 

existing permit conditions.17 For this 

reason, we are proposing to approve the 

submitted revision to Regulation 

19.1507. 

D. CAA Section 110(l) Evaluation 

The submitted revisions to Regulation 

19 add clarity, consistency, and overall 

strengthen the Arkansas SIP. The 

revisions do not relax the current SIP 

approved rules and are consistent with 

Federal regulations. Therefore, and 

consistent with CAA section 110(l), we 

do not expect these revisions to interfere 

with any applicable requirement 

concerning attainment and reasonable 

further progress or any other applicable 

requirement of the Act. 

III. Proposed Action 

For the reasons described in this 

action and in the TSD, we are proposing 

to approve a portion of revisions to the 

Arkansas SIP submitted on June 22, 

2022. Specifically, we are proposing to 

approve the following submitted 

revisions to Regulation 19: renaming 

Regulation 19 as Rule 19; revisions to 

Chapters 1, 2, 3, 4, 5, 6, 7, 9, 11, 13, 15, 

and Appendices A and B of Regulation 

19. We are also proposing to approve 

the partial repeal of Regulation 19, 

Chapter 10 and repeal of Regulation 19, 

Chapters 14, and 16; and the new 

provision of Regulation 19, Chapter 18. 

We are proposing to approve these 

revisions in accordance with section 

110 of the Act. 

IV. Environmental Justice 

Considerations 

The EPA reviewed demographic data 

for groups of populations living within 

Pulaski County, Arkansas. The EPA 

then compared the data to the State of 

Arkansas and the national average for 

each of the demographic groups. The 

results of this analysis are being 

provided for information and 

transparency purposes. The results of 

the demographic analysis indicate that 

that for populations living within 

Pulaski County, the percent people of 

color (persons who reported their race 


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18See https://www.epa.gov/environmentaljustice/ 

learn-about-environmental-justice. 

19https://www.epa.gov/environmentaljustice/ 

learn-about-environmental-justice. 

as a category other than white alone (not 

Hispanic or Latino)) is above the 

national average for Pulaski County; and 

below the national average for the State 

of Arkansas as a whole (49.3 and 28.7 

percent, respectively versus 40.7 

percent). Within people of color, the 

percent of the population that is Black 

or African American alone is 

significantly above the national average 

for Pulaski County and above the 

national average for the State as a whole 

(38.3 and 15.7 percent, respectively 

versus 13.6 percent), and the percent of 

the population that is American Indian/ 

Alaska Native is below the national 

average for both Pulaski County and the 

State as a whole (0.5 and 1.1 percent, 

respectively versus 1.3 percent). 

This proposed action revises portions 

of the Arkansas SIP including revisions 

to Rule 19 of the Arkansas Plan of 

Implementation for Air control. We 

expect that this action and resulting 

emissions reductions will generally be 

neutral or contribute to reduced 

environmental and health impacts on all 

populations in the State of Arkansas, 

including people of color and lowincome populations. The proposed 

revisions will provide updates to the 

SIP and improve clarity in the SIP so 

that the public can read and understand 

what is currently in the SIP. Further, 

there is no information in the record 

indicating that this action is expected to 

have disproportionately high or adverse 

human health or environmental effects 

on a particular group of people. 

V. Incorporation by Reference 

In this action, we are proposing to 

include in a final rule regulatory text 

that includes incorporation by 

reference. In accordance with the 

requirements of 1 CFR 51.5, we are 

proposing to incorporate by reference 

revisions to the Arkansas regulations as 

described in Sections II, The EPA’s 

Evaluation, and III, Proposed Action, of 

this preamble. These state regulations 

contain the air pollution control 

provisions for the State of Arkansas. We 

have made, and will continue to make, 

these documents generally available 

electronically through 

www.regulations.gov (please contact the 

person identified in the FOR FURTHER

INFORMATION CONTACT section of this 

preamble for more information). 

VI. Statutory and Executive Order 

Reviews 

Under the CAA, the Administrator is 

required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable Federal regulations. 

42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, the 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, this action 

merely proposes to approve state law as 

meeting Federal requirements and does 

not impose additional requirements 

beyond those imposed by state law. For 

that reason, this action: 

• Is not a ‘‘significant regulatory 

action’’ subject to review by the Office 

of Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 14094 (88 FR 

21879, April 11, 2023); 

• Does not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• Is certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• Does not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• Does not have federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• Is not subject to Executive Order 

13045 (62 FR 19885, April 23, 1997) 

because it approves a state program; 

• Is not a significant regulatory action 

subject to Executive Order 13211 (66 FR 

28355, May 22, 2001); 

• Is not subject to requirements of 

section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA. 

In addition, the SIP is not approved 

to apply on any Indian reservation land 

or in any other area where the EPA or 

an Indian tribe has demonstrated that a 

tribe has jurisdiction. In those areas of 

Indian country, the proposed rule does 

not have tribal implications and will not 

impose substantial direct costs on tribal 

governments or preempt tribal law as 

specified by Executive Order 13175 (65 

FR 67249, November 9, 2000). 

Executive Order 12898 (Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations, 59 FR 7629, 

February 16, 1994) directs Federal 

agencies to identify and address 

‘‘disproportionately high and adverse 

human health or environmental effects’’ 

of their actions on minority populations 

and low-income populations to the 

greatest extent practicable and 

permitted by law. The EPA defines 

environmental justice (EJ) as ‘‘the fair 

treatment and meaningful involvement 

of all people regardless of race, color, 

national origin, or income with respect 

to the development, implementation, 

and enforcement of environmental laws, 

regulations, and policies.’’ 18 The EPA 

further defines the term fair treatment to 

mean that ‘‘no group of people should 

bear a disproportionate burden of 

environmental harms and risks, 

including those resulting from the 

negative environmental consequences of 

industrial, governmental, and 

commercial operations or programs and 

policies.’’ 19

ADEQ did not evaluate 

Environmental Justice considerations as 

part of its SIP submittal; the CAA and 

applicable implementing regulations 

neither prohibit nor require such an 

evaluation. The EPA performed an EJ 

analysis, as is described earlier in the 

section titled, ‘‘Environmental Justice 

Considerations.’’ The analysis was done 

for the purpose of providing additional 

context and information about this 

rulemaking to the public, not as a basis 

of the action. Due to the nature of the 

action being taken here, this action is 

expected to have a neutral to positive 

impact on the air quality of the affected 

area. In addition, there is no information 

in the record upon which this decision 

is based inconsistent with the stated 

goal of E.O. 12898 of achieving EJ for 

people of color, low-income 

populations, and Indigenous peoples. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Ammonia, Carbon 

oxides, Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen oxides, Ozone, Reporting and 

recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

Authority: 42 U.S.C. 7401 et seq. 

Dated: August 15, 2023. 

Earthea Nance, 

Regional Administrator, Region 6. 

[FR Doc. 2023–17944 Filed 8–21–23; 8:45 am] 

BILLING CODE 6560–50–P 


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